Teenage smoking measure attacked

Erin Neff

Thursday, Feb. 15, 2001 | 11:27 a.m.

CARSON CITY -- Teens who illegally purchase cigarettes by using a fake ID face detention by store clerks, fines and mandatory anti-smoking classes under a proposed Assembly bill.

Assemblyman John Carpenter, R-Elko, is proposing making it illegal for children under 18 to falsely represent their age to obtain tobacco products. Currently, merchants are the only ones facing criminal charges and a $500 fine if they sell cigarettes to minors.

"I think it is wrong to have only one of the parties held accountable," said Carpenter, who owns several convenience stores in Elko County, including one in which a clerk was caught selling cigarettes to a minor during a sting operation.

"We do have to have a level playing field," Carpenter said.

Assembly Bill 25 would allow merchants who spot a fake ID to "take the child into custody and detain him, on the premises" until law enforcement arrives. The bill also would impose a $100 fine and counseling for those found guilty of violating the measure.

But some lawmakers, health advocates and citizens expressed concerns about criminalizing youth and granting police powers to store clerks.

Assembly Majority Leader Barbara Buckley, D-Las Vegas, said she thought the measure would be "about as effective as prohibition was" in curbing teen smoking.

"My concern is with criminalizing the child and putting them in a criminal justice system with some kids who are doing far worse things than smoking," Buckley said.

Maureen Brower of the American Cancer Society told the Assembly Judiciary Committee that her organization could not support any legislation that "criminalizes youth for the use of tobacco products."

Brower and representatives of the Clark County Health District and American Heart Association asked for amendments making counseling and community service alternatives to the criminal charge.

Deputy Attorney General John Albrecht said that while he supports the bill, he wanted an amendment to exempt children who participate in sting operations for his office.

Chairman Bernie Anderson, D-Sparks, said any proposed amendments will be discussed in the committee's upcoming work sessions.

Peter Krueger, a lobbyist representing a state association for retail clerks, disagreed that the bill would be criminalizing teens.

"We support the concept of placing responsibility on people who are under age," Krueger said. "This puts responsibility solely and squarely where it belongs."

Al Walker, a Douglas County resident, said he thought the state would be setting a terrible precedent to allow someone working in a convenience store to detain someone.

"That's something for police officers," Walker said.

State law already gives merchants the right to detain shoplifters until police arrive.

Carpenter said detaining someone does not necessarily mean a physical altercation.

"Most of the time it's just a simple matter," Carpenter said. "You ask them to wait and they do."